Bill > A05295

This bill reinstates state recognition of the Montaukett Indian Nation, which was improperly declared "extinct" in a 1910 court case. The bill provides for the tribe's governance structure, establishing that the Montaukett Indian Nation shall have a chief or sachem, three tribal trustees, and a tribal secretary. The trustees will be elected by majority vote of lineal tribe members at an annual meeting held on the first Tuesday in April, with all officers serving two-year terms. To be eligible to vote, a person must be at least 18 years old and certified as a lineal member of the Montaukett Indian Nation according to the tribe's own governance rules and regulations. The legislation is based on extensive historical context, including U.S. Supreme Court decisions that emphasized only Congress can determine a tribe's status and that changes in customs or lifestyle do not invalidate a tribe's existence. The bill effectively reverses the 1910 court ruling by formally recognizing the Montaukett Indian Nation as a sovereign tribe and restoring its legal standing in New York State. The act is designed to correct what the legislature views as an improper and illegal removal of the tribe's recognition, taking into account the tribe's historical presence and continuity.

Government Affairs, Justice

https://www.nysenate.gov/legislation/bills/2025/A5295